TERMS AND CONDITIONS
This offer is indefinitely valid until cancelation. We reserve our right to adopt prices if there are more than 4 weeks between the offer and the booking. The offer is under reserve of availibility until the booking and confirmation.
With your booking order, you are offering a binding contract to seal the deal to Kalkonu Travel. After we received your booking order, we will start and make all reservations that have been established in the offer. For Kalkonu Travel the contract is binding after sending our a booking confirmation via email including the final price. Normally it takes 3 to 5 business days until all services are booked and we have sent you the booking confirmation. Included in the booking confirmation, the customer also receives last information and vouchers (coupons for booked services).
No later than 14 days after the customer received the booking confirmation, the on the confirmation stated down payment must be made to our bank account. The remaining amount must be paid at least 30 days prior to departure. If we do not receive the remaining amount 7 days prior to departure, it is classified as an unheralded cancelation of the trip. Our trips are processed as stated in the program. Changes in itineraries, agendas or accommodations are possible. Showing up late to set pick up times can resolve in leaving that customer behind. In that case claims for compensation do not occur.
1. PAYMENT OF TRAVEL PRICE
1.1 If not discussed otherwise, a down payment of 20% is due after receiving the booking confirmation.
The remaining amount must be paid no later than 30 days prior to departure.
1.2 If the booking request is made less than 30 days prior to departure, the entire payment must be made right away.
If we do not receive the remaining amount 7 days prior to departure, it is classified as an unheralded cancelation of the trip.
2. CHANGE OF SERVICES AND PRICES
2.1 Changes and adjustments of certain services are valid when they are necessary after conclusion of contract, when they are not made against good faith through the provider and if the changes do not interfere with the overall trip arrangements. This applies especially, when governmental measures with in the country of travel require an adjustment of the itinerary.
2.2 Also extensive changes of service due to unforeseeable circumstances, which are not cause by Kalkonu Travel, or due to act of nature beyond control are valid as long as they are made within consideration of the interests of the customers.
All prices are stated in US-dollars. The price and all booked services for your individual travel package can be seen in the offer and are binding after the down payment has been made (divided in ground arrangements and flights that have been arranged through us). In case of a change of net costs without our default (exchange rate, price adjustments of flights or ships, etc.), we reserve our right to adjust the price. This clause applies until 20 days prior to departure. The stated prices are per person.
3. CANCELATION THROUGH THE CUSTOMER, CHANGES IN THE BOOKING, CUSTOMER REPLACEMENT
3.1 The customer may cancel the trip at any given time prior to departure. Relevant is the entrance of the cancelation request at the Kalkonu Travel office within our business hours (monday through Friday - 7am to 4pm, Costa Rican time). It is recommended to file the cancelation request in written form via email.
3.2 In case of a cancelation by the customer, we reserve our right to charge a generalized compensation. The amount of that generalized compensation depends on the travel price and the time when the cancelation was received by us. Charges are stated below:
Individual trips: until 30 days prior to departure 20%
from day 29 until day 22 prior to departure 45%
from day 21 until day 14 prior to departure 60%
from day 13 until day 07 prior to departure 85%
from day 06 until departure 95%
of the individual total price.
Depending on the hotel category, the terms of cancelation might vary. For that matter, it may occurs that luxury hotels have stricter terms of cancelation. But also in mid class hotels the terms and cost of cancelation may be higher than stated above, especially during peak season (between Christmas and New Years, as well as during Easter). In case of higher costs on cancelation due to stricter terms of cancelation by one of our service providers, we are obligated to let you know so. We recommend to have a travel cancellation insurance.
Payments that have already been made, will be refunded with deduction of the cancelation costs. A remaining payment is required in case of a negative balance.
3.3 If a customer does not make use of certain services due to an early return from the trip because of sickness or other reasons that are not the default of Kalkonu Travel, that customer can not claim a partial refund.
3.4 In case of change in the booking when a customer explicitly requested them or if the customer would like to replace himself with a third party, Kalkonu Travel reserves their right to charge a 25 US-Dollar fee per person. Reclassification requested by the customer that are made less than 4 weeks prior to departure can only be realized with a cancelation of the current trip under consideration of figure 5.1 and 5.2 and a new registration of that customer. All of the above is subject to capacity. This may not apply to reclassification which only cause a small cost. The customer will be charged with any costs that may apply due to reclassification. Kalkonu Travel may object to the replacement customer if that customer does not fulfill the travel requirements or if participation of the customer is limited due to governmental or legal prescriptions.
4. RECISSION AND CANCELATION BY THE TRAVEL PROVIDER
4.1 Charter flights are subject to short-term traffic rights issued by the authorities of the destination countries. The issue of the respective season is not known at the time of printing. The organizer may withdraw from the the travel contract in case of non-approval or cancelation.
4.2 Kalkonu Travel may withdraw from the the travel contract up to 28 days prior to departure if the stated minimum number of participants has not been reached.
4.3 Kalkonu Travel is obligated to inform its customers of an acceptable cancelation as well as of major changes.
4.4 Kalkonu Travel may withdraw from the the travel contract if the customer fails to make the payment of the trip with in the legal period of grace even after menace of cancelation. In case of cancelation due to failure of payment, Kalkonu Travel may charge a refund fee according to figure 5.
4.5. After departure, Kalkonu Travel may cancel the contract if the customers behaviour is disturbing or endangering the trip. Therefore, the nature, the requirements of the trip as well as the interests of the travel group have to be considered.
In case of cancelation of the contract after departure, the travel provider is represented by the tour guide. The cancelation is subject to that part of the trip that has been disturbed or endangered by that customer. Any costs that apply have to be paid by the customer. If the travel provider cancels the contract, he remains his right to claim the travel price. However, the travel provider must credit the value of the saved expenses.
5. ACT OF NATURE BEYOND CONTROL
If the trip is made considerably more difficult, endangered or impaired as a result of unforeseeable act of nature beyond control (for example earthquake, strikes, vulcano eruption, hurricane, flooding or political turmoil) both the provider and the customer may cancel the contract. In case of act of nature beyond control, the customer must pay all costs that may apply for return transportation.
KALKONU TRAVEL is liable in the framework of Costa Rican rights. In case of claim for damages regarding the contravention of the customers’ life, body oder health as well as claim for damages which were caused by a careless breach of duty of KALKONU TRAVEL, the liability of KALKONU TRAVEL is up to an amount of 500.000 US dollar. The limitation period is set to 1 year and begins on the first day after the trip was initially supposed to end.
7. PERIOD OF WARRANTY
Claims of the customer due to travel defects must be made right away in order for Kalkonu Travel to be able to provide assistance. An appropriate time-limit must be provided to Kalkonu travel, in order for the company to be able to provide assistance. Claims for failure to remedy or persisting defects can be claimed by email up to 14 days after the trip.
The stated travel price does not include travel insurance (i.e, travel cancelation expenses, health insurance, etc.). We genuinely advise to get a travel insurance.
9. REGULATIONS REGARDING PASSPORT, VISA, TOLL, EXCHANGE RATE, VACCINATION AND HEALTH
9.1 The customer is solely responsible for processing all required regulations. All disadvantages that are a result of failure to follow the procedures are at the expense of that customer, except they were cause by wrong information of the provider. The provider must inform the customer of all regulations he is aware of regarding passport, visa, toll, exchange rate, vaccination and health. Any cost for needed vaccinations are not included in the travel price and must be paid by the customer.
9.2 The customer is solely responsible for the validation of his passport, ID as well as other travel documents.
10. CONTRACTUAL OBLIGATIONS, MANDATORY APPLICATION, MANDATORY PROHIBITION, JURISDICTION
10.1 Any deficits that may appear during the trip must be reported to Kalkonu Travel immediately. The last travel documents that the customer receives include all necessary contact information (including emergency number) from Kalkonu Travel. The customer must provide an appropriate time-limit for the organizer to provide assistance.
10.2 Costa Rican rights apply. Place of fulfillment for all reciprocal claims resulting from the travel contract, in particular payment claims, is Ciudad Colon in Costa Rica.
10.3 An abandonment of any sort of claims, no matter on what legal ground, is unacceptable. Equally unacceptable is their judicial assertion in their own name.
10.4 Jurisdiction is San Jose in Costa Rica, if legal.
11. INVALIDITY OF SINGLE DETERMINATIONS
The invalidity of single determinations does not result in the invalidity for the rest of the travel contract.